Care-facility inspections
How nursing homes and care facilities in North Dakota are inspected, licensed, and held to account.
17 laws · 10 enforcement actions · 5 guides · 2 court decisions
See the details
The laws 17
- N.D.C.C. 23-16-01, ch. 23-16 (Licensing Medical Hospitals) — Licensure of medical hospitals and state hospitals: the core facility-licensing statute; ndlegis.gov
- N.D.C.C. 23-16-01.1, ch. 23-16 — Moratorium on expansion of long-term care bed capacity: bars adding nursing facility beds to the state's licensed bed capacity between August 1, 2025 and July 31, 2029 (with narrow exceptions for bed transfe… ndlegis.gov
- N.D.C.C. 23-16-06, ch. 23-16 — Authority to issue, deny, suspend, or revoke licenses: the department must license compliant facilities and may suspend/revoke a license for violation of the chapter/rules, permitting or abetting an unlawful a… ndlegis.gov
- N.D.C.C. 23-16-11, ch. 23-16 — Penalties: operating an unlicensed covered institution, or violating the chapter, is an infraction; ndlegis.gov
- N.D.C.C. 23-16.1-02.1, ch. 23-16.1 (Medical Hospital Receivership) — Imminent threat to health or safety; ndlegis.gov
- N.D.C.C. 23-09.3-01, ch. 23-09.3 (Basic Care Facilities) — Definitions: a basic care facility is a residence (not licensed as a hospital/nursing facility under ch. ndlegis.gov
- N.D.C.C. 23-09.3-04, ch. 23-09.3 — Department to establish standards, licensing, inspection, survey, prosecute violations: requires the department to set basic care facility standards, license and inspect annually, and run a survey process… ndlegis.gov
- N.D.C.C. 23-09.3-05, ch. 23-09.3 — License required; term; revocation: no person/entity may keep, operate, conduct, or manage a basic care facility without a valid department license (valid no more than one year); ndlegis.gov
- N.D.C.C. 23-09.3-06, ch. 23-09.3 — Injunction: the department may apply to the district court of the county where a basic care facility is located for a temporary or permanent injunction restraining unlicensed operation of the facility ndlegis.gov
- N.D.C.C. 23-09.3-12, ch. 23-09.3 — Penalty: any person who violates any provision of the Basic Care Facilities chapter is guilty of a class B misdemeanor ndlegis.gov
- N.D.C.C. 50-32-01, ch. 50-32 (Assisted Living Facilities) — Definitions: an assisted living facility is a building of at least 5 living units operated as one entity providing individualized support services (ADL assistance) to 5+ unrelated… ndlegis.gov
- N.D.C.C. 50-32-02, ch. 50-32 — Licensing of assisted living facilities; penalty: bars operating or marketing as "assisted living" without a department license ($75 annual fee per facility); ndlegis.gov
- N.D.C.C. 50-32-03, ch. 50-32 — Powers and duties of the department: directs the department to implement the chapter, establish a complaint-receipt/referral method for assisted living facilities, and adopt licensing rules (application, appro… ndlegis.gov
- N.D.C.C. 50-10.1-03, ch. 50-10.1 (Long-Term Care Ombudsmen — corrects the task hint's guess of ch. ndlegis.gov
- N.D.C.C. 50-10.1-04, ch. 50-10.1 — Access to facilities and records: the state long-term care ombudsman and authorized agents must have access to all long-term care facilities statewide and private access to any resident, plus conditional a… ndlegis.gov
- N.D.C.C. 50-10.2-02, ch. 50-10.2 (Rights of Health Care Facility Residents) — Residents' rights; ndlegis.gov
- N.D.C.C. 50-10.3-03, ch. 50-10.3 (Access to Long-Term Care Facilities) — Access to long-term care facilities for essential caregivers: enacted after COVID-era facility lockdowns; ndlegis.gov
Know your rights 5
- HHS Life Safety Code Compliance page — surveyor/provider compliance guidance for Basic Care facility policies and records required before a Life Safety Code survey: written Fire Emergency Plan content (alarm use, fire-department notificatio… hhs.nd.gov
- HHS Health Facilities Unit, Basic Care Facilities page — a provider/public licensing-and-survey compliance hub: explains that ND-licensed basic care facilities are NOT CMS-certified (state-only licensure funds basic care services), links th… hhs.nd.gov
- HHS Health Facilities Unit, Skilled Nursing Facilities page — confirms the state's dual licensure/certification structure ("licensed by the state and certified by the Centers for Medicare & Medicaid Services" with HHS's Health Facilities Un… hhs.nd.gov
- HHS Adult Protective Services, "Reporting Abuse and Neglect of a Vulnerable Adult" — mandatory-reporting compliance guidance identifying who must report suspected abuse/neglect/exploitation of a vulnerable adult (including facility caregive… hhs.nd.gov
- HHS Health Facilities Unit, Home Health Agencies page — links the governing statute (N.D.C.C. ch. 23-17.3) and licensing rule (N.D. Admin. Code ch. hhs.nd.gov
Enforcement actions 2
- ND HHS Health Facilities' own "Deficiency Statement Search" tool (legacy ndhealth.gov host, linked live from hhs.nd.gov's Basic Care Facilities, Skilled Nursing Facilities, ICF/IID, Home Health, and Hospice program pages) — a public, named-… ndhealth.gov
- The same Deficiency Statement Search tool, exercised for Program="Basic Care Facility" — a second, distinct named-facility record set: returned 81 named North Dakota basic care facilities statewide (e.g. ndhealth.gov
Orders & settlements 8
- N.D. Admin. Code ch. 33-07-01.1 (Hospitals) — the department's general facility-licensure rule implementing N.D.C.C. ch. ndlegis.gov
- N.D. Admin. Code ch. 33-07-03.2 (Nursing Facilities) — the operative nursing-facility survey/licensing rule (26 sections): application/issuance of license, department access and continuing surveillance, plan of correction, governing body, p… ndlegis.gov
- N.D. Admin. Code ch. 33-07-05 (Nursing Facility Sanctions) — the state's civil money penalty enforcement rule conforming ND law to 42 U.S.C. ndlegis.gov
- N.D. Admin. Code ch. 33-03-24.1 (Basic Care Facilities) — corrects the task hint's guess of ch. ndlegis.gov
- N.D. Admin. Code ch. 33-33-09 (Assisted Living Facilities) — a narrow state licensing rule confined to life-safety topics (3 sections): emergency lighting (1.5-hour minimum illumination), a written emergency disaster/evacuation plan availab… ndlegis.gov
- N.D. Admin. Code ch. 75-03-34 (Licensing of Assisted Living Facilities) — the department's substantive assisted-living licensing rule implementing N.D.C.C. ndlegis.gov
- N.D. Admin. Code ch. 75-02-05.2 (Nursing Facility Enforcement Action) — the department of human services' Medicaid-certification enforcement rule for nursing facilities (denial of payment, certification of noncompliance, civil money penalti… ndlegis.gov
- N.D. Admin. Code ch. 75-03-25 (Ombudsman Program) — implements N.D.C.C. ch. 50-10.1: certification/qualifications and duties of volunteer ombudsmen, reasonable access to long-term care facilities/residents/records, conflict-of-interest and… ndlegis.gov
Court decisions 2
- In re Guardianship/Conservatorship of Van Sickle, 2005 ND 69 (N.D. Sup. Ct., filed 4/4/2005; Docket Nos. 20040195 & 20040224) — the Court held that a "mental health facility" under N.D.C.C. ndcourts.gov
- St. Benedict's Health Center v. North Dakota Department of Human Services, 2004 ND 63 (N.D. Sup. Ct., filed 3/25/2004; Docket No. ndcourts.gov
Official notices 2
- HHS Health Facilities Unit, Basic Care Facilities page — publishes a 2016 provider Memorandum on Clarification for Long Term Care & Basic Care Bed Transfer or Bed Layaway (from Darleen Bartz, PhD, Chief Health Resources Section, to all ND L… hhs.nd.gov
- HHS Life Safety and Construction Unit, Project Review and Construction Inspection page — publishes a 2020 provider Memorandum regarding Fees for Construction Plans Review and Onsite Construction Visits (from Dave L. hhs.nd.gov